The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2024

Made: 29th October 2024

Laid before the Scottish Parliament: 31st October 2024

Coming into force: 12th December 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 252 of the Town and Country Planning (Scotland) Act 1997[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2024 and come into force on 12 December 2024.

Amendment of the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

2

The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 are amended in accordance with regulations 3 to 8.

Amendment of regulation 1 – citation, commencement and application

3

In regulation 1(2) (citation, commencement and application) after sub-paragraph (b)(iii) insert—

(iv) the preparation of a processing agreement on or after 12 December 2024, (v) the making or alteration of a masterplan consent area scheme, (vi) applications for approval, consent or agreement required by a condition specified in a masterplan consent area scheme.

Amendment of regulation 2 – interpretation

4

In regulation 2 (interpretation) after the definition of “planning permission in principle” insert—

• processing agreement” means an agreement between the planning authority and person making or proposing to make an application for planning permission or an application for approval, consent or agreement required by a condition imposed on the grant of planning permission or specified in a masterplan consent area scheme in respect of processing that application (and where a document setting out the terms of such an agreement is prepared but no agreement is entered into by the parties to it, includes that document),

Amendment of regulation 3 – payment of fees

5

In regulation 3 (payment of fees) in paragraphs (2)(b) and (3) for “£300” substitute “£346”.

Amendment of regulation 4 – discretion to charge fees

6

In regulation 4 (discretion to charge fees)—

• (a) after paragraph (2)(a) insert—

(aa) the preparation of a processing agreement,

• (b) in paragraph (3), for “£200” substitute “£230”,

• (c) in paragraph (4), for “£100” substitute “£115”,

• (d) after paragraph (5), insert—

(5A) A planning authority may only charge a fee for the preparation of a processing agreement after the publication of information setting out— (a) how the fee is to be calculated, (b) under what circumstances the planning authority may waive or reduce the fee, and (c) when any fee is to be paid. (5B) A fee for the preparation of a processing agreement— (a) is to be payable by the person entering into, or seeking to enter into, the processing agreement with the planning authority, and (b) may not exceed the cost to the planning authority of preparing the processing agreement.

• (e) in paragraph (6), after “paragraph (5)” insert “or (5A)”.

Discretion to charge fees – masterplan consent area schemes

7

After regulation 4 insert—

(4A) (1) This regulation applies in respect of charges or fees related to— (a) the making or alteration to a masterplan consent area scheme, (b) application for approval, consent or agreement required by a condition specified in a masterplan consent area scheme. (2) Subject to paragraphs (3) to (5), a planning authority may— (a) require payment of a charge in respect of costs related to the making or alteration of a masterplan consent area scheme from a person making an application for approval, consent or agreement required by a condition specified in the masterplan consent area scheme, (b) charge a fee in respect of an application for approval, consent or agreement required by a condition specified in the masterplan consent area scheme. (3) A planning authority may only charge fees under paragraph (2) after the publication of information setting out— (a) how the fee or charge, as the case may, is to be calculated, (b) under what circumstances the planning authority may waive or reduce the fee or charge, and (c) in the case of a charge payable under paragraph (2)(a) when the charge is to be paid. (4) The information published by a planning authority under paragraph (3) must be published on the planning authority’s website. (5) A charge payable under paragraph (2)(a) may only relate to recovery by the planning authority of the cost of preparing and making, or as the case may be, altering, the masterplan consent area scheme. (6) Where a planning authority requires payment of a charge under paragraph (2)(a) in respect of the costs related to the preparation, making or alteration of a masterplan consent area scheme, the planning authority must as soon as practicable after all the charges payable in respect, as the case may be, of the preparation, making or alteration of the scheme have been paid, publish a statement to that effect on the internet.

Amendment of schedule 1 – calculation of fees

8

In schedule 1 (calculation of fees)—

• (a) in Part 1 (general provisions) after paragraph 6 (planning permission in principle granted before 1 April 2022) insert—

(6A) Where the application is for the approval, consent or agreement required by a condition imposed on a grant of planning permission in principle and— (a) the planning permission in principle was granted on or after 1 April 2022 and before 12 December 2024, and (b) the application relates to a development within categories 1, 4, 17, or 21 of table 1, the fee payable under regulation 3 is subject to a maximum of £150,000.

• (b) in Part 2 (modified fees)—

• (i) in paragraph 9(1) (applications for the provision of facilities for sport or recreation), for “£600” substitute “£691”,

• (ii) in paragraph 10(2) and (3) (application for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle), for “£500” substitute “£576”.

• (c) for Part 3[^f00002] (table of fees) substitute—